Third Circuit affirms the dismissal of session replay class action for lack of Article III standing

Takeaway : We have written a number of articles dealing with “data interception class actions” alleging claims based on the use of session replay software and other data collection practices by website operators. See, e.g., For Your 2023 Worry List: Anti-Wiretap Class Actions Against Website Operators Surge, But Proper Consent Can Reduce Risk (January 18, 2023) ; Wiretap class actions: Third Circuit reinstates class claims asserted under Pennsylvania’s broad wiretap act (September 30, 2022) ; Data interception class actions – S.D. Fla. dismisses claim that use of session replay software violates Florida Security of Communications Act (July 16, 2021) ; New Class Action Trend: Website Session Replay Tools Alleged to Violate All-Party Consent Recording Requirements (Ap